[Federal Register Volume 64, Number 111 (Thursday, June 10, 1999)]
[Notices]
[Pages 31322-31324]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-14749]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-398]


Florida Power & Light Co., Orlando Utilities Commission of the 
City of Orlando, Florida and Florida Municipal Power Agency; Notice of 
Consideration of Issuance of Amendment to Facility Operating License, 
Proposed No Significant Hazards Consideration Determination, and 
Opportunity for a Hearing

    The U.S. Nuclear Regulatory Commission (the Commission) is 
considering issuance of an amendment to Facility Operating License No. 
NPF-16, issued to the Florida Power & Light Company, et al. (the 
licensee), for operation of the St. Lucie Plant, Unit 2, located in St. 
Lucie County, Florida.
    The proposed amendment would revise the Unit 2 Technical 
Specifications (TS) to clarify the nonconservative wording of TS 3/
4.5.1, ``Safety Injection Tanks,'' Surveillance Requirement 4.5.1.1.d.1 
and would revise TS 3/4.5.2, ``ECCS Subsystems--Tavg Greater Than or 
Equal to 325 deg.F,'' Surveillance Requirement 4.5.2.e.1. The proposed 
changes would align the surveillance specification with the intent and 
design bases requirements intended to be verified.
    On May 24, 1999, FPL staff submitted a license amendment request, 
described above, to amend their TS. On June 3, 1999, St. Lucie, Unit 2, 
began to experience problems unrelated to systems in the previously 
mentioned TS sections. These problems ultimately resulted in the plant 
entering TS Mode 3, ``Hot Standby,'' on June 4, 1999, in order to 
repair and troubleshoot these unrelated equipment problems. Due to the 
nature of these repairs, the possibility that other emerging work 
activities may require a lower mode, and the desire of the NRC to avoid 
granting a notice of enforcement discretion, the staff has decided to 
pursue this exigent TS amendment. Without this amendment, St. Lucie 
Plant, Unit 2, could not resume power operation if they were to enter 
Mode 4, or ``Hot Shutdown.''
    Before issuance of the proposed license amendment, the Commission 
will have made findings required by the Atomic Energy Act of 1954, as 
amended (the Act) and the Commission's regulations.
    Pursuant to 10 CFR 50.91(a)(6) for amendments to be granted under 
exigent circumstances, the NRC staff must determine that the amendment 
request involves no significant hazards consideration. Under the 
Commission's regulations in 10 CFR 50.92, this means that operation of 
the facility in accordance with the proposed amendment would not (1) 
involve a significant increase in the probability or consequences of an 
accident previously evaluated; or (2) create the possibility of a new 
or different kind of accident from any accident previously evaluated; 
or (3) involve a significant reduction in a margin of safety. As 
required by 10 CFR 50.91(a), the licensee has provided its analysis of 
the issue of no significant hazards consideration, which is presented 
below:
    (1) Operation of the facility in accordance with the proposed 
amendment would not involve a significant increase in the probability 
or consequences of an accident previously evaluated.
    The proposed amendment does not involve an increase in the 
probability or consequences of any accident previously evaluated. There 
are no physical changes to plant equipment or changes in plant 
operation that could initiate an accident or adversely affect accident 
mitigation or consequences. This PLA [proposed license amendment] 
provides a wording clarification of the Technical Specification 
Surveillance 4.5.1.1.d.1 requirements for verifying that each SIT 
[safety injection tank] isolation valve (V-3614, V-3624, V-3634, and V-
3644) opens automatically prior to exceeding an actual or simulated RCS 
[reactor coolant system] pressure of 515 psia, such that design bases 
functions and safety are assured. This PLA also provides a wording 
clarification (Surveillance 4.5.2.e.1) for the automatic isolation and 
interlock action of the SDC [shutdown cooling] system (V-3480, V-3481, 
V-3651, and V-3652) from the RCS prior to exceeding an RCS pressure 
(actual or simulated) of 515 psia, such that design bases functions and 
safety are assured. These clarifications explicitly align the 
surveillance requirements with the intent and design basis functions 
for the valves being verified. As such, this change is considered 
administrative.
    (2) Operation of the facility in accordance with the proposed 
amendment would not create the possibility of a new or different kind 
of accident from any accident previously evaluated.
    The proposed amendment will not create the possibility of a new or 
different kind of accident from any accident previously evaluated. 
There are no physical changes to plant equipment or changes in plant 
operation that could create a new or different kind of accident. This 
PLA does not result in

[[Page 31323]]

any plant configuration changes or new failure modes. This PLA provides 
a wording clarification of the Technical Specification Surveillance 
4.5.1.1.d.1 requirements for verifying that each SIT isolation valve 
(V-3614, V-3624, V-3634, and V-3644) opens automatically prior to 
exceeding an actual or simulated RCS pressure of 515 psia. This PLA 
also provides a wording clarification (Surveillance 4.5.2.e.1) for the 
automatic isolation and interlock action of the SDC system (V-3480, V-
3481, V-3651, and V-3652) from the RCS prior to exceeding an RCS 
pressure (actual or simulated) of 515 psia. These clarifications 
explicitly align the surveillance requirements with the intent and 
design basis functions for the valves being verified. As such, this 
change is considered administrative.
    (3) Operation of the facility in accordance with the proposed 
amendment would not involve a significant reduction in a margin of 
safety.
    The proposed amendment does not involve a reduction in the margin 
of safety. This administrative PLA clarifies the surveillance 
requirements of the subject Technical Specifications by aligning the 
surveillances with the intent and design bases functions for the valves 
being verified. This PLA does not result in any plant configuration 
changes. As such, the assumptions and conclusions of the accident 
analyses in the UFSAR remain valid and the associated safety limits 
will continue to be met.
    The NRC staff has reviewed the licensee's analysis and, based on 
this review, it appears that the three standards of 10 CFR 50.92(c) are 
satisfied. Therefore, the NRC staff proposes to determine that the 
amendment request involves no significant hazards consideration.
    The Commission is seeking public comments on this proposed 
determination. Any comments received within 14 days after the date of 
publication of this notice will be considered in making any final 
determination.
    Normally, the Commission will not issue the amendment until the 
expiration of the 14-day notice period. However, should circumstances 
change during the notice period, such that failure to act in a timely 
way would result, for example, in derating or shutdown of the facility, 
the Commission may issue the license amendment before the expiration of 
the 14-day notice period, provided that its final determination is that 
the amendment involves no significant hazards consideration. The final 
determination will consider all public and State comments received. 
Should the Commission take this action, it will publish in the Federal 
Register a notice of issuance. The Commission expects that the need to 
take this action will occur very infrequently. Written comments may be 
submitted by mail to the Chief, Rules and Directives Branch, Division 
of Administrative Services, Office of Administration, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, and should cite the 
publication date and page number of this Federal Register notice. 
Written comments may also be delivered to Room 6D59, Two White Flint 
North, 11545 Rockville Pike, Rockville, Maryland, from 7:30 a.m. to 
4:15 p.m. Federal workdays. Copies of written comments received may be 
examined at the NRC Public Document Room, the Gelman Building, 2120 L 
Street, NW., Washington, DC. The filing of requests for hearing and 
petitions for leave to intervene is discussed below.
    By June 24, 1999, the licensee may file a request for a hearing 
with respect to issuance of the amendment to the subject facility 
operating license and any person whose interest may be affected by this 
proceeding and who wishes to participate as a party in the proceeding 
must file a written request for a hearing and a petition for leave to 
intervene. Requests for a hearing and a petition for leave to intervene 
shall be filed in accordance with the Commission's ``Rules of Practice 
for Domestic Licensing Proceedings'' in 10 CFR part 2. Interested 
persons should consult a current copy of 10 CFR 2.714 which is 
available at the Commission's Public Document Room, the Gelman 
Building, 2120 L Street, NW., Washington, DC, and at the local public 
document room located at the Indian River Community College Library, 
3209 Virginia Avenue, Fort Pierce, Florida 34981-5596. If a request for 
a hearing or petition for leave to intervene is filed by the above 
date, the Commission or an Atomic Safety and Licensing Board, 
designated by the Commission or by the Chairman of the Atomic Safety 
and Licensing Board Panel, will rule on the request and/or petition; 
and the Secretary or the designated Atomic Safety and Licensing Board 
will issue a notice of hearing or an appropriate order.
    As required by 10 CFR 2.714, a petition for leave to intervene 
shall set forth with particularity the interest of the petitioner in 
the proceeding, and how that interest may be affected by the results of 
the proceeding. The petition should specifically explain the reasons 
why intervention should be permitted with particular reference to the 
following factors: (1) the nature of the petitioner's right under the 
Act to be made a party to the proceeding; (2) the nature and extent of 
the petitioner's property, financial, or other interest in the 
proceeding; and (3) the possible effect of any order which may be 
entered in the proceeding on the petitioner's interest. The petition 
should also identify the specific aspect(s) of the subject matter of 
the proceeding as to which petitioner wishes to intervene. Any person 
who has filed a petition for leave to intervene or who has been 
admitted as a party may amend the petition without requesting leave of 
the Board up to 15 days prior to the first prehearing conference 
scheduled in the proceeding, but such an amended petition must satisfy 
the specificity requirements described above.
    Not later than 15 days prior to the first prehearing conference 
scheduled in the proceeding, a petitioner shall file a supplement to 
the petition to intervene which must include a list of the contentions 
which are sought to be litigated in the matter. Each contention must 
consist of a specific statement of the issue of law or fact to be 
raised or controverted. In addition, the petitioner shall provide a 
brief explanation of the bases of the contention and a concise 
statement of the alleged facts or expert opinion which support the 
contention and on which the petitioner intends to rely in proving the 
contention at the hearing. The petitioner must also provide references 
to those specific sources and documents of which the petitioner is 
aware and on which the petitioner intends to rely to establish those 
facts or expert opinion. Petitioner must provide sufficient information 
to show that a genuine dispute exists with the applicant on a material 
issue of law or fact. Contentions shall be limited to matters within 
the scope of the amendment under consideration. The contention must be 
one which, if proven, would entitle the petitioner to relief. A 
petitioner who fails to file such a supplement which satisfies these 
requirements with respect to at least one contention will not be 
permitted to participate as a party.
    Those permitted to intervene become parties to the proceeding, 
subject to any limitations in the order granting leave to intervene, 
and have the opportunity to participate fully in the conduct of the 
hearing, including the opportunity to present evidence and cross-
examine witnesses.
    If the amendment is issued before the expiration of the 30-day 
hearing period, the Commission will make a final determination on the 
issue of no

[[Page 31324]]

significant hazards consideration. If a hearing is requested, the final 
determination will serve to decide when the hearing is held.
    If the final determination is that the amendment request involves 
no significant hazards consideration, the Commission may issue the 
amendment and make it immediately effective, notwithstanding the 
request for a hearing. Any hearing held would take place after issuance 
of the amendment.
    If the final determination is that the amendment request involves a 
significant hazards consideration, any hearing held would take place 
before the issuance of any amendment.
    A request for a hearing or a petition for leave to intervene must 
be filed with the Secretary of the Commission, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, Attention: Rulemakings and 
Adjudications Staff, or may be delivered to the Commission's Public 
Document Room, the Gelman Building, 2120 L Street, NW., Washington, DC, 
by the above date. A copy of the petition should also be sent to the 
Office of the General Counsel, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, and to M. S. Ross, Florida Power & Light 
Company, P.O. Box 14000, Juno Beach, FL 33408-0420, attorney for the 
licensee.
    Nontimely filings of petitions for leave to intervene, amended 
petitions, supplemental petitions, and/or requests for hearing will not 
be entertained absent a determination by the Commission, the presiding 
officer or the presiding Atomic Safety and Licensing Board that the 
petition and/or request should be granted based upon a balancing of the 
factors specified in 10 CFR 2.714(a)(1)(i)-(v) and 2.714(d).
    For further details with respect to this action, see the 
application for amendment dated May 24, 1999, which is available for 
public inspection at the Commission's Public Document Room, the Gelman 
Building, 2120 L Street, NW., Washington, DC, and at the local public 
document room, located at the Indian River Community College Library, 
3209 Virginia Avenue, Fort Pierce, Florida 34981-5596.

    Dated at Rockville, Maryland, this 7th day of June 1999.

    For the Nuclear Regulatory Commission.

William C. Gleaves,
Project Manager, Section 2, Project Directorate II, Division of 
Licensing Project Management, Office of Nuclear Reactor Regulation.
[FR Doc. 99-14749 Filed 6-9-99; 8:45 am]
BILLING CODE 7590-01-P